COUNTERFEITING.

"EVERY person who shall be convicted of having falsely forged and counterfeited any gold or silver coin, which now is, or hereafter shall be passing or in circulation within this state, or of having falsely uttered, paid or tendered in payment, any such counterfeit and forged coin, knowing the same to be forged and counterfeit, or having aided, abetted, or commanded the perpetration of either of the said crimes; or shall be concerned in printing, signing, or passing any counterfeit notes of the bank of Alexandria, or the United States, knowing them to be such, or altering any genuine notes of either of the said banks, shall be sentenced to undergo a confinement in the jail and penitentiary house, not less than four nor more than fifteen years. 1 Rev. Code, p. 356. sect. 9.

29

"If any person shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly act or assist in the false making, forging or counterfeiting, any bill or rote of the bank of Virginia, with intention to defraud either the corporation of the president, directors and company of the bank of Virginia, or any person whatsoever; or shall pass or tender, or offer to pass or exchange, or shall cause or procure to be passed or exchanged, any such bill or note of the bank of Virginia, knowing the same to be false, forged or counterfeited," every such person, on conviction, shall be confined in the penitentiary, for a period not less than ten nor more than twenty years. 2 Rev. Code, p. 80, sect. 5.

In prosecutions under this act, the president, cashier, other officers and stockholders are competent witnesses. Ibid. sect. 6.

For fraudulently obtaining, or assisting to obtain, from the bank of Virginia, or any of its branches, any money or notes, by means of a forged or counterfeit check or order, the punishment is imprisonment, in the penitentiary, not less than two nor more than ten years. 2 kev. Code, p. 118.

To forge or counterfeit, or aid or assist in forging or counterfeiting, or to keep or conceal, or aid in keeping or concealing any instrument for the purpose of forging or counterfeiting the seal of the Bank of Virginia, subjects the offender to a confinement in the penitentiary, for a period not less than five nor more than fifteen years.

sect. 2.

Ibid.

For more relating to counterfeits, see CHEATS, COIN, and

FORGERY.

Warrant, for passing counterfeit notes.

to wit:

Whereas A I, of

hath this day made oath before me, J P, that BO, of

last past, at

in the said

a justice of the peace for the county of did, on the day of county, feloniously, and fraudulently, pass in payment to the said A I, a certain note, purporting to be a note of the bank of Virginia, for dollars, he, the said B O, knowing the same to be false, forged, and counterfeited. These are therefore, to require you to apprehend the said B O, and bring him before me, or some other justice of the peace for the county of to be dealt with accord

ing to law. Given under my hand and seal, &c.

If the offender be guilty of any other description of offence, mentioned under this title, it must be described in the warrant, according to the fact. The Mittimus, Recognizance, &c. must also state the offence, as it really occurred.

CRIMINALS.

WHEN any person, not being a slave, shall be charged before a justice with any treason, murder, felony, or other crime or offence whatsoever against this commonwealth, if, in the opinion of the justice, such offence ought to be inquired into in the courts, he shall take the recognizance of all material witnesses, to appear before the court of his county or corporation, to give evidence, and immediately by his warrant commit the person charged to the county or corporation jail; and moreover, shall issue his warrant to the sheriff or sergeant, requiring him to summon at least eight, if so many there be, of the justices, to meet at their court-house on a certain day, not less than five nor more than ten days after the date thereof, to hold a court of examination; which court, consisting of five members, at least, shall consider, whether the prisoner may be discharged from further prosecution, or may be tried in the county, or in the district (now circuit*) court. 2 Rev. Code, ch. 34. sect. 1. p. 36, 37.

If any justice shall commit a person charged with a criminal offence to jail, and neglect or refuse to issue his warrant for summoning a court of examination, or if any sheriff or sergeant shall neglect or refuse to obey it, or to return it to the court summoned, with an indorse

* In the spring of 1809, & system commenced, by which a superior court of law was established, in each county, called circuit courts, which superseded the district court system. The term circuit has therefore been substituted for district. See 2 Rev. Code, ch. 120. p. 148. and ch. 121. p. 154. amended by act of 1808. ch. 6. p. 9. of Sessions Acts.

ment how he has executed it, they shall respectively forfeit one hundred dollars to the commonwealth, recoverable by action of debt or information, in any court of record; and moreover be subject to the action of the party injured, who, on recovery, shall have double costs. Ibid.

If the examining court shall be of opinion, that the fact may be tried in the county or corporation, the prisoner shall be bound over to the next grand jury, then to be tried, or, upon refusing to give sufficient bail, shall be remanded to jail, there to remain until such court, or until he shall be bailed. 1 Rev. Code, ch. 74. sect. 1. p. 102.

If they shall be of opinion, that the prisoner ought to be tried in the circuit court, they had take the depositions of witnesses, and bind such as they shall think proper, by recognizance, to appear and give evidence at the trial; and having remanded the prisoner to jail, any two of the justices, by warrant under their hands and seals, shall direct the sheriff, or deputy, or sergeant, to remove the prisoner and commit him to the circuit jail, there to be safely kept till discharged by due course of law; by virtue of which warrant, the officer shall remove the prisoner, as soon as may be, and deliver him, with the warrant, to the keeper of the circuit jail, who shall receive and keep him accordingly. And the same two justices shall empower the officer, by their warrant, to impress so many men, horses, and boats, as well within their county as without, as may be necessary for a guard, and safe conveyance of the prisoner, proceeding therein as directed by law in other cases of impressments. 1 Rev. Code, ch. 74. sect. I. p. 102.

If the prisoner be bailable, in the opinion of the court, they shall enter that opinion in their proceedings, as well as the sum of money in which he and his bail shall be bound, and he shall not be removed within twenty days after the examining court, but may be admitted to bail by any justice of the county, within that time, or at any time afterwards, by a judge of the general court. When a prisoner shall be thus admitted to bail by a judge, he shall transmit the recognizance to the clerk of the circuit court, and give a warrant for the deliverance of the prisoner; and the warrant being put into the hands of the officer, in whose custody the prisoner is, he shall thereupon be delivered, if he be detained for no other cause. Ibid. sect. 2. p. 102.

Any two judges of the general court, when it is not sitting, may admit to bail a prisoner, when they shall think him bailable, and sha!! grant a warrant for his deliverance, though the examining court shall have been of a different opinion. Ibid. sect. 3 p. 103.

When the examining court shall fail to meet, according to summons, all the recognizances entered into by any person to appear at such court, shall stand obligatory to the next court of the county or corporation, and every such person shall appear accordingly; at which court the examination shall be had. 1 Rev. Code, ch. 264. sect. 2. p. 402.

On sending a person for further trial to the circuit court, the clerk of the county must transmit to the clerk of the circuit court, copies of the witnesses' recognizances; and if they fail to appear, the court shall cause their default to be recorded; and writs of scire facias may issue thereon, from the circuit court, in the same manner as if they had been entered into in that court; but the witness must be first summon

ed, to shew cause why the scire facias should not be issued. 2 Rev. Code, p. 37. sect. 2.

In like manner, copies of the recognizances, of prisoners let to bail, and of their securities, are to be transmitted; and in case of default, a scire facias may be issued from the circuit court. Ibid.

Copies of recognizances certified and transmitted as above, may be given in evidence, in the same manner as the originals. Ibid. p. 38. sect. 2.

Any clerk, failing to perform his duty in the above respects, forfeits one hundred dollars to the commonwealth, recoverable by action of debt, or information in any court of record Ibid,

When a person shall be removed from a county. to be tried in a circuit court, the clerk shall, immediately after the examining court (under the penalty of fifty dollars, 2 Rev. Code, p. 38.) transmit to the attorney for the commonwealth, in the circuit court, a copy of the commitment, and of the depositions taken in the cause. 1 Rev. Code, p. 105. sect. 20.

A person discharged by a court of examination may plead such discharge, in bar of any future prosecution for the same offence. 2 Rev. Code, p. 38. sect. 3.

A court of examination may, for good cause, adjourn, not exceeding three days; except on the application of the prisoner, and then for not more than ten days. 2 Rev. Code, p. 38. sect. 4.

A person charged with treason or felony must be tried before a court of examination, before he can be tried in a circuit court. Ibid.

sect. 5.

After verdict of twelve men, no judgment on any indictment or information, for felony, or any other offence whatsoever, shall be stayed or reversed, for any supposed defect or imperfection in any such indictment or information, so as the felony or offence, therein charged to have been committed or done, be plainly and in substance set forth with convenient certainty, so as to enable the court to give judgment thereon, according to the very right of the cause. Ibid.

sect. 6.

Offences, the punishment of which does not exceed twelve months confinement in the penitentiary, shall be tried in the court of that county wherein committed: and the examining court, if of opinion that the party ought to be further prosecuted, and that the offence is cognizable in the county court, shall take his recognizance to appear at the next quarterly term, and in case of refusal to give security, the party shall be committed to prison, till discharged by due course of law. (2 Rev. Code, p. 24. sect. 3.) After indictment found by the grand jury, the sheriff shall summon twelve men, not members of the grand jury, and qualified as venire-men, for the trial of such person. right of challenge shall be exercised, as in case of felonies. Ibid.

sect. 4.

The

Free persons, accused of petit larceny, shall be tried as above; and upon conviction, shall be punished by stripes, not less than ten, nor more than forty, for any one offence, or by confinement in the penitentiary, not less than eighteen months, at the discretion of the jury. 2 Rev. Code, p. 70. sect. 4.

Hog-stealers are to be tried and punished as for petit larceny. 2 Rev. Code, p. 80. sect. 4.

If treason or felony be committed in a county or corporation, different from that in which the culprit is arrested, he must be conveyed, by warrant of a justice, to the county where the fact was committed; which warrant must be directed to the sheriff or sergeant; who are authorised to impress men, horses, &c. and must deliver the culprit to a magistrate of the county where the fact was committed; who must procced, as if he were brought before him in the first instance. Rev. Code, p. 105.

For other matters relating to criminal prosecutions, see Index to 1 Rev. Code, title CRIMINALS, and titles ARREST, COMMITMENT, and WARRANT) of this work.

(A) Warrant to apprehend a criminal.

county, to wit:

Whereas A I, of

hath this day given information upon oath,

to me, JP, a justice of the peace for the county of

day of

that on

a cer

the Jast past, at the county of tain A O, of did, &c. (here describe the offence.) These are therefore, in the name of the commonwealth, to require you to apprehend the said A O, and to bring him before me, or some other justice of the peace for the county of to answer the premises, and further to be dealt with according to law. Given under my hand and seal, at the county of Summon A W, B W, &c. as witnesses.

this

day of

in the year

This warrant may be directed to the sheriff or constable, or to any individual by name; for a magistrate has the power of deputing constables to serve warrants, in pleas of the commonwealth.

The justice, before whom the prisoner is brought, is bound immediately to examine into the circumstances of the crime alledged. (4 Bl. Com. 295.) But the practice of taking the examination of the prisoner, and of the witnesses, which was directed by stat. 2 and 3 Ph. and Mar, c. 10. is not pursued in Virginia; but so far as respects the examination of the witnesses, the power has been transferred to the examining courts.

Witnesses may be summoned, either by a postscript annexed to the warrant, as in the above form of a warrant, or by the following.

(B) Summons for a witness.

county, to wit:

Whereas oath hath been made before me, JP, a justice of the peace for the county aforesaid, by A I, that the store house of the said A I was lately broken open, and sundry goods stolen thereout (or other facts, as the case is) and that he hath good cause to believe that A W is a material witness, to prove by whom the said felony was committed. These are therefore, to require you to cause the said A W forthwith to come before me, to give such evidence as he knows concerning the said offence. Given under my hand and seal, &c.

Το

to execute.